DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction and order of sentence dated 09.09.2005 vide which the appellant was held guilty for offence punishable under Section 15 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') for possessing 12 Kgs. of poppy husk and was sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period Of 02 months in FIR No.181 dated 15.08.2002 registered at Police Station Bhawanigarh.

(2.) Brief facts of the case are that on 15.08.2002, the police party headed by ASI Surjit Singh in which HC Hans Raj were present on a private vehicle in connection with patrolling were going from Bhawanigarh towards village Balial and when the police party reached near the godowns on Balial Road, Bhawanigarh, then Piara Singh son of Chhota Singh, resident of village Balial met and after joining him, the police party was going on the pattri of the minor canal and when they reached near kacha path leading towards village Balial, then from the side of village Balial, the accused was seen coming having a plastic bag on his head and on seeing the police party, he became perplexed and tried to turn back but he was apprehended on suspicion. After obtaining his consent, the search of the bag was carried out, which was found containing poppy husk. Out of that, two samples of 250 gms each were separated and made into parcels and the remaining poppy husk, on weighment, came to 11 kgs and 500 gms, which was put into the same bag and made into parcel. All the parcels were sealed by the Investigating Officer with his seal bearing impression 'SS'. The seal after use was handed over to Piara Singh and all the said articles along with the scooter were taken into possession vide Ex.P3. Personal search memo of the accused was prepared vide Ex.P4 and the grounds for his arrest was intimated to the accused vide memo Ex.P5. The Investigating Officer sent a ruqa Ex.P10 to the Police Station, on the basis of which FIR Ex.P11 was recorded against the accused. Rough site plan was prepared vide Ex.P12 and after obtaining the report Ex.P13 of the Chemical Examiner and after completion of the investigation, the challan against the accused was presented in the Court.

(3.) Thereafter, the trial Court on finding a prima facie case against the appellant/ accused framed charge under Section 15 of the Act, to which he did not plead guilty and claimed trial.